My buddy has worked as a personal trainer at this gym (not a chain) for 4 years now. He just got his nutrition cert, I forget the organization that does it. He’s a competitor so he knows diets and nutrition pretty well, but the obviously having the cert brings more clients.
Anyway, he’s now selling “advanced packages” where he personal trains clients several times a week in person, takes measurements, tracks progress and adjusts their diet as needed. The gym takes 40% of all of these packages he sells along with the basic personal training package excluding nutrition.
He’s had a lot of interest from people about coaching remotely via email or text or whatever. These people go to his gym, or other gyms around the area. He has started offering online coaching on his Facebook page and already has several clients.
The gym owners have told him that he needs to pay the gym 40% commission of these sales.
This doesn’t make any sense. His clients are all over the state and are not exclusively using the gym he works at. He’s not helping these clients on gym property. He HAS NOT signed an exclusivity agreement with this gym either.
The owner of this gym is very sue-happy and has actually started this gym from winning a law suit, which makes him hesitant of continuing.
Is he responsible for paying the gym 40% of earnings?
Would like to hear from lawyers, gym owners and other personal trainers particularly.
Anyway, he’s now selling “advanced packages” where he personal trains clients several times a week in person, takes measurements, tracks progress and adjusts their diet as needed. The gym takes 40% of all of these packages he sells along with the basic personal training package excluding nutrition.
He’s had a lot of interest from people about coaching remotely via email or text or whatever. These people go to his gym, or other gyms around the area. He has started offering online coaching on his Facebook page and already has several clients.
The gym owners have told him that he needs to pay the gym 40% commission of these sales.
This doesn’t make any sense. His clients are all over the state and are not exclusively using the gym he works at. He’s not helping these clients on gym property. He HAS NOT signed an exclusivity agreement with this gym either.
The owner of this gym is very sue-happy and has actually started this gym from winning a law suit, which makes him hesitant of continuing.
Is he responsible for paying the gym 40% of earnings?
Would like to hear from lawyers, gym owners and other personal trainers particularly.